Study On Crime Of Producing And Marketing Fake And Shoddy Goods

The purpose of studying crime of producing and marketing fake and shoddy goods is not only to make full of the penal policy, legislation and judicature to punish the actual crimes,but also to use all means to prevent and stop the possible crimes.The previous studies in our academic circles confined to the study of individual crime of producing and marketing fake and shoddy goods. There are no systematic and integrated researches based on Risk Criminal Law.This thesis tries to use pre-laws and preventive laws to analyze and integrate the penal policy, legislation and judicature in order to explore and study crimes of producing and marketing fake and shoddy goods systematically in the light of Risk Criminal Law.This thesis starts from the study of the penal policy, legislation and judicature of dealing with the crimes of producing and selling counterfeit products and tries to point out the problems of dealing with the actual crimes.According to the Personality Criminal Law, Economic Criminal Law,Risk Criminal Law, Administrative Criminal Law, Criminal Taxology, Criminological Epidemiology, Criminal Policy Science and the related theory, the thesis tries to analyze,expound, and define the crime categories, study the different crime forms of actual crimes and possible crimes and their complementary relationship, and discuss the principles of dealing with these crimes.With reference to the practice of Western countries’ legal system, especially the experience of the United States and United Kingdom, this thesis intends to point out the three malpractices in our legal system, i.e. criminal policy fails to stop some crimes, criminal legislation fails to cover some crimes, and criminal judicature fails to convince all. As a result,the whimsical and endless severe-punishment policies can not stop the sprouting crimes of producing and marketing fake and shoddy goods; the seemingly strict but actually lax criminal legislation give repeated orders and injunctions but can not cope with many unyielding crimes; the belated-effort-type criminal judicature just focus on the punishment but can not keep an eye on the future and prevent the crimes.The author argues that the effective solution to the problem of dealing with crimes of producing and marketing fake and shoddy goods lies in that we should manage risk, tight dragnet, and rebuild trust.On the criminal policy, we should manage the risk of transformation and upgrading of dragnet and regulate the risk of the conflict of legal interests and guaranteeof human rights. We should carry out the strategy of combing the “three Strictness and three Tolerance” in order to rectify the fallacy of relying on the severe-punishment policies. We should combine punishment with prevention and focus on prevention rather than punishment,and we should take effective measures to bring it under control in its root causes, and lay stress on regulating the crime of selling the counterfeit products in the field of the emerging electronic commerce.On the criminal legislation, the law should be strict but not severe. We should sort out the function of different laws. The function of Criminal law lies in the execution the punishment of the actual crimes, and the function of pre-laws and preventive laws lies in the administration of possible crimes. In order to deal with the oversight issues in Criminal law, we should introduce strict-responsibility system, establish matching procedure system, and classify the crimes of producing fake and shoddy goods and the crimes of selling fake and shoddy goods, add up the crimes of unlawful keeping fake and shoddy goods,modify the crimes of producing and selling shoddy food and drug, increase personal and unit qualification penalty, and improve the system of criminal fines.On criminal judicature, we should regain public confidence in judiciary, guide people to value personal credit. Criminal judicature should help people to learn from past mistakes and avoid future ones. Criminal judicature should avoid the malpractice of being the belated effort type. We should not mix up the crimes of producing and selling counterfeit products with the crimes of jeopardizing public security with a dangerous method; we should restrict the application of the death penalty; we should use relatively gentle, free penalty and non-penalty measures to redefine the sales amount, improve the definition of circumstances of aggravation, clear the application of selective charge, reform the judicial system and appoint special policemen to crack down on fake and shoddy goods.